Section 1120. Counsel or law guardian on appeal  


Latest version.
  • (a) Upon an appeal in a
      proceeding under this act, the appellate division to which  such  appeal
      is  taken,  or is sought to be taken, shall assign counsel to any person
      upon a showing that such person is  one  of  the  persons  described  in
      section  two  hundred sixty-two of this act and is financially unable to
      obtain independent counsel or  upon  certification  by  an  attorney  in
      accordance  with  section  eleven  hundred eighteen of this article. The
      appellate division to which such appeal is taken, or  is  sought  to  be
      taken,  may in its discretion assign counsel to any party to the appeal.
      Counsel assigned under this  section  shall  be  compensated  and  shall
      receive  reimbursement  for  expenses  reasonably  incurred  in the same
      manner provided by section seven hundred twenty-two-b of the county law.
      The appointment of counsel by the appellate division shall continue  for
      the  purpose  of filing a notice of appeal or motion for leave to appeal
      to the court  of  appeals.  Counsel  may  be  relieved  of  his  or  her
      representation  upon  application  to  the  court to which the appeal is
      taken for termination of the appointment, by the court on its own motion
      or, in the case of a motion for leave to appeal to the court of appeals,
      upon application to the appellate  division.  Upon  termination  of  the
      appointment  of  counsel  for an indigent party the court shall promptly
      appoint another attorney.
        (b) Whenever a law guardian has been appointed  by  the  family  court
      pursuant  to  section  two hundred forty-nine of this act to represent a
      child in a proceeding described therein, the appointment shall  continue
      without further court order or appointment where (i) the law guardian on
      behalf  of  the child files a notice of appeal, or (ii) where a party to
      the original proceeding files a notice of appeal. The law  guardian  may
      be relieved of his representation upon application to the court to which
      the appeal is taken for termination of the appointment. Upon approval of
      such application the court shall appoint another law guardian.
        (c) An appellate court may appoint a law guardian to represent a child
      in an appeal in a proceeding originating in the family court where a law
      guardian  was not representing the child at the time of the entry of the
      order appealed from or at the time of  the  filing  of  the  motion  for
      permission  to  appeal  and when independent legal representation is not
      available to such child.
        (d) Nothing in this section shall be deemed to relieve  law  guardians
      of  their duties pursuant to subdivision one of sections 354.2 and seven
      hundred sixty of this act.
        (e) Law guardians appointed or continuing to represent a person  under
      this  section  shall  be compensated and shall receive reimbursement for
      expenses reasonably incurred in the  same  manner  provided  by  section
      thirty-five of the judiciary law.
        (f)  In  any  case  where a law guardian is or shall be representing a
      child in an appellate proceeding pursuant to subdivision (b) or  (c)  of
      this  section,  such  law  guardian  shall  be served with a copy of the
      notice of appeal.